Rape and Domestic Violence: The law prohibits rape, including spousal rape, both of which are punishable by up to 15 years’ imprisonment. It penalizes domestic physical or psychological violence with a prison sentence of up to three years. Authorities enforced the law effectively. As of July 31, the prosecutor’s office initiated 51 criminal proceedings related to gender violence and 36 related to domestic violence. The prosecutor’s office concluded 13 cases of gender violence and six cases of domestic violence. Almost all the cases involved elements of psychological abuse and mistreatment. Some cases also involved injuries, sexual aggression, and threats.
The Department of Equality Policies within the Ministry of Social Affairs, Justice, and Interior (designed to promote and develop programs to prevent and fight against gender and domestic violence as well as any other forms of inequality), was consolidated during the year. The Department was restructured and grew in resources as it increased the services provided to victims.
Additionally, to address domestic violence in a comprehensive manner, the National Commission for the Prevention of Domestic and Gender-based Violence comprised of members of the Ministries of Social Affairs, Justice, and Interior; Health; and Education and Higher Instruction, as well as the judiciary and the prosecutor’s office continued to meet regularly.
The government’s Service for the Assistance of Victims of Gender Violence and the Service of Domestic and Family Violence provided medical and psychological services as well as legal assistance to victims of gender violence and domestic violence. In addition the government placed abused women and their children in a shelter, in a hotel, or with voluntary foster families. During the year the government made the national hotline for victims a 24-hour service. Since July female victims of gender and domestic violence have had access to a free lawyer.
As of the end of August, the Service for the Assistance of Victims of Gender Violence assisted 156 cases of domestic violence against women. Of the 156 domestic violence cases, 79 were new ones. These cases involved psychological, physical, and sexual violence, as well as social and economic mistreatment.
Victims of domestic violence could also request help from the nongovernmental organization (NGO) Andorran Women’s Association (ADA), which works for women’s rights.
The Department of Equality Policies prioritized school outreach programs and organized 32 prevention training sessions at schools throughout the country. Additionally it organized workshops on tools for the prevention of gender violence for workers in the Ministry of Social Affairs, the Fire Department, and law enforcement agencies, as well as for the University of Andorra.
Sexual Harassment: The law prohibits sexual harassment under the provisions for other sexual aggressions, punishable by three months’ to three years’ imprisonment. As of the end of August, one case of sexual harassment was reported.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: The law prohibits discrimination against women privately or professionally with fines up to 24,000 euros ($28,800). There were no reports of discrimination during the year.
The government worked with civil society associations in the elaboration of a study on equality that mapped the situation facing women and other vulnerable groups. The recommendations, which included the adoption of a law on equality and nondiscrimination, the establishment of an observatory on equality, training, and awareness campaigns, were presented in July.
Birth Registration: According to the law, citizenship is acquired at birth in the following circumstances: a child is born in the country to an Andorran parent or born abroad to an Andorran parent born in the country; a child is born in the country if either parent was born in the country and is living there at the time of birth, or if born in the country and both parents are stateless or of unknown identity. A child of foreign parents may acquire Andorran nationality by birth in the country if at the time of birth one of the parents completed 10 years’ in the country. Otherwise, the child may become a citizen before attaining the age of majority or a year after reaching the age of majority if his/her parents have been permanently resident in the country for 10 years or if the person can prove that he/she has lived in the country permanently and continuously for the last five years. In the meantime the child has a provisional passport.
Children are registered at birth.
Child Abuse: As of July 31, the prosecutor’s office initiated 35 criminal proceedings related to child abuse and concluded two cases of violence against children.The government’s Specialized Children’s Assistance Office intervened in situations where children and young persons were at risk or lacked protection.
Early and Forced Marriage: The minimum legal age of marriage is 16 for girls and boys and as early as 14 with judicial authorization.
Sexual Exploitation of Children: The law against rape also covers statutory rape. Child pornography is illegal and carries a prison sentence of up to four years. The minimum age of sexual consent is 14 years. The penalty for statutory rape is 15 years’ imprisonment, the same as for rape in general.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
Unofficial estimates placed the size of the Jewish community at 100 persons. There were no reports of anti-Semitic acts.
Trafficking in Persons
There were no confirmed reports during the year that Andorra was a source, destination, or transit country for victims of human trafficking.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law mandates access to public buildings, information, and communications for persons with disabilities, and the government generally enforced this provision.
The Andorran Federation of Associations for Persons with Disabilities represented that accessibility for persons with disabilities and their entry into the workforce, are the two areas in which the country was not fully compliant with international standards.
The government effectively enforced the provisions of the constitution for the most part. Complaints on the grounds of race, color, ethnicity, nationality, or language may be brought before the civil and administrative courts.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law considers sexual orientation an “aggravating circumstance” for crimes motivated by hate or bias. No cases of violence, discrimination, or other abuses based on sexual identity were registered during the year.
The Ministry of Social Affairs, Justice, and Interior together with the local LGTBI NGO Som com Som launched an awareness campaign and organized roundtables, talks at schools, as well as specialized training sessions on equality and prevention of LGTBI-phobia throughout the year. Complaints on the grounds of gender identity and sexual orientation may be brought before the civil and administrative courts.